The information alleged defendant's violation of sections 26-122, 26-126 (a), 26-126 (b), 26-248 (d), and 27-147 of the Administrative Code of the City of New York and section 22-32 of the Zoning Resolution, for which the Code provides both penal sanctions and civil penalties. The dismissal order does not reveal whether the court "took into consideration the factors enumerated in CPL 170.40" ( People v. Berrus, 1 NY3d 535, 536; see People v. Duke, 158 Misc 2d 647 [App Term, 9th 10th Jud Dists 1993]) much less which factor or factors "served as the basis for the dismissal" ( People v. Frett, 164 Misc 2d 331, 333 [App Term, 2d 11th Jud Dists 1995]; cf. People v. Henriquez, 68 NY2d 679, 681).
The prior, adverse determination before the Environmental Control Board pursuant to the City's civil action, authorized by Administrative Code § 26-122, did not render "redundant" the instant proceeding which vindicates substantially different enforcement interests, inter alia, to sanction the alleged knowing and blatant disregard of notices of violation and orders to cure. Moreover, defendant failed to substantiate its claim of legal non-conforming use in that the amortization statute, whose propriety is unchallenged, apparently terminated the non-conforming use prior to the herein notices of violations (Zoning Resolution § 52-731).
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